District Court Dismisses Nine of Ten Claims in Pork Producers’ Challenge to Massachusetts’s Question 3 and Grants Leave to File Amicus Brief to Thirteen States

The U.S. District Court for the District of Massachusetts granted Massachusetts’s motion to dismiss as to nine out of ten claims in a case brought by Triumph Foods, LLC and five other pork producer groups challenging Massachusetts’s Question 3, a law that prohibits the in-state sale of pork and certain other animal products not compliant with the state’s animal confinement standards. The court denied Massachusetts’s motion to dismiss as to plaintiffs’ commerce clause claim, and a bench trial is scheduled to last seven days, beginning on December 4, 2023. The court also granted leave to file an amicus curiae brief to Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and Wyoming. The proposed amicus brief filed by the 13 states supports the plaintiff pork producers’ position and argues that the law “invites States to upend national markets based on ‘flavor of the day’ policy preferences.”